Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-10-29

miio bombs precisely like the one
thrown.
Mr.. Grinnell was interrupted at this
point by General Butler, who said he
should want to cross.examine him IL II
was competent for him to 90 50.
Mir. Grinnell "You shall have that
privilege, General.
Mr.. Grinnell. rosuming, said that
such seizure was not thing which this
court could regulate. 1t had said on
the Kor kidnapping case that it was not
for the court to determine how he (the
prisoner got there. The court simply
Said. lyon are here" The things
seized in search OF these prisoners
premises were there, and it was not for
the court TO determine whether they
were legally there. The only
question was, care these things
testimony" and that was not
an inquiry for this court. Forgery,
murder, aud other crimes had
10 be proved, Mr.. Grinnell said, by such
evidence. "The pistol found in the
hand Of the assassin Guitcau was fOrcl-
blv taken from him, and his papers, If
| remember rightly, were Oyerhaulcd.
They were there THAT is, in COURT, and
It was nobody business how they got
there. That search and seizure in this
case were unreasonable search and
seizure from the point Of view OF de-
PENDANTS, ] have no doubt
In conclusion, Mr.. Grinnell said ::
cit strikes Ine from our standpoint
That the foundation of the Constitution
is less likely to be impaired by refusing
to grant this writ than by granting it. ~
At the conclusion of Mr.. Grinneli's ar
gumeut, which had occupied less than
half the time TO which he was entitled,
General Butler rose and said that TIE
introduction of all this new matter (re-
fCrring TO Grinnell's recital of the cir
cumstances and results OF the searches
and scizurcs). which was not in the
brief of counsel and which he had not
seen anywhere in print, would compel
him TO ask for more time than had been
allotted TO him that this eXtraneous
matter must be popular with tho court
or its introduction would not be per
mittod.
The Chief Justice remarked that the
Court could not know Whe her the5s
matters were in the record or not, but
os they were stated by the State's At
tolney the Court must assume that they
were.
General Butler said he had not OK
amincd the whole 5000 pages, but ne
knew and could demonstrate that some
portion Of this extraneous matter was
very different from what appeared IN
the record, and he must ask for more
time to speak with reference to the
matters Of which he had not before
heard. He and his associates had been
taken 10y surprise, and the lives of their
clients had thus been put in jeopardy.
Mr.. GrrBell, interrupting, said that
he understood the counsel ON the other
side 10 make complaint t. the Coat
that there was indication OF unreasol-
able search and seizure. Their printed
brief slowed that Il great many t1lu g
lad been seized, aud he (GTinnelD nal
simply added that other things mad
also been seized. "In other words, -
said Mr. GIinncll, eve admit the
sG2urcs and we admit more seizures.
General Butler SAID that he would
state the points of contention, and II
hc stated them wrongly he wanted
to be corrected by any GENTLE
man who did not advocate the
right "to steal men and to steal
their papers. After describing what
happened previous to the Haymarket
meeting he said cat that meeting q
bomb was thrown by somebody for
some purpose, and there is not one
word in these 5000 pages Of evidence
to show that any one OF these men had
ANYTHING to do with throwing thlt
bomb. There were but two OF these
men within miles OF that meeting, aud
one had his wife and two little children
in the very place, almost, when that
bomb was lighted. Its explosion killed
single policeman, and within few
DAYS al Of these men we're arrested
without warrant, committed to
jail, and held there without ex-
animation and without process
until they were indicted by the grand
Jury. and TO describe the simple crime
If crime il was. the States Attorney hac
to draw an indictment Of siXty-nlnt
counts. "
During the trial the Judge sllowe(
questions to be asked with regard tC
conspiracy, although in all the sixty
nine counts Of the indictment there wa'
no conspiracy alleged. lie said tina
he was ready to pledge himself tina
there was not n single man Of the Jur.
! selected who had not said that he had &
finland some Of them an enthu
siastic-conviction, opinion, and pre-
judic, against the defendants.
After n great deal Of rambling tall
about the composition of the jury, dis
salts faction with the record, lack o
time for preparation, the sentencing o
the prisoners in their absence and tina
Of their counsel, the injustice don
them bv unreasonable search an
seizure" &c., General Butler said thu
if all these things could be done, "th
ouestion was to be debated was whethe
tbis Government would not be nth
better if it were overturned into an al
archv thanif it were to be carried ON
this fashion. ."
u had no fear" he said, "Of beia
Misunderstood upon this question.
nave the individuality of being tn
or'y man in the United States that cor
don.pod snd executed men for undo
taking to oyerturn the law. Thel
we're thousands Of them, and for tn,
net please your honors, a priC
vas set on my head as thong
II were q wolf, and $25, o.
was offered to any man VII
could capture me to murder me h
Jefferson Davis and his associates, an
who. if they were here at your bar tr,
inc 10 ascertain whether they shouI
have an honest and fair trial for the
Great crimes, and they called upo
me-their lives in danger shoHl
hold il 10 be my duty to stand bel
and do all that 1 might to defend then
That is the chivalry of law, II l undo
stapd il. and if / don't it is not
much consequence, for ! am gun
easily and quickly passing away.
After some further talk General bu
Ter said he agreed fully that the Fir
ten amendments of the Constitute
were limitations Of Federal power al
not restrictions of the rights OF Il
States The privileges and immur
tiss however. claimed by those prlsO